Does the Quality of Brief Writing Affect the Outcome of Supreme Court Decisions?
An interesting empirical study looks at whether better briefs lead to better outcomes.
Law & Government
Hospital Threatens Defamation Suit Over a 15-Year-Old's Change.org Petition
The hospital baselessly claimed the teenager's mother wrote the petition after she was fired without cause.
No Constitutional Right to Opt out of Sexual-Minority-Themed Curriculum Elements at Public Elementary School
A federal court rejects challengers' Free Exercise Clause and parental rights claims.
Stop Publishing Mug Shots—Even Donald Trump's
Mug shots are not taken to humiliate a defendant before they've been convicted. But that's the purpose they widely serve now.
Court Rejects Lawsuit Claiming Police Discriminatorily Refused to Prosecute Rapist
The opinion was decided July 21, but was originally issued sealed; it was just unsealed today, in response to my motion to unseal.
Season 1, Episode 4 Podcasts
Why We Can't Have Nice Things: Bootleggers, Baptists, and Ballots
"You need an argument for why this is good for society. That's important, but you also need money."
A GOP Consensus Emerges: Militarize the Border
In last night's Republican presidential debate, candidates floated various forms of military action against drug cartels.
Politicians Continue To Make a Mockery of 'Emergency Spending'
Legislators abuse the emergency label to push through spending that would otherwise violate budget constraints.
Vermeule and Casey Respond to Judge Rao on Textualism's Political Morality
Further debate on textualism, "common good constitutionalism," and the classical legal method.
To Tackle Highest Housing Costs in the Country, Hawaii's Governor Declares YIMBY Martial Law
An emergency proclamation by Gov. Josh Green offers developers the opportunity to route around almost all regulations on building homes.
California Lawmakers Propose Unemployment Benefits for Striking Workers
Plus: GOP hopefuls debate tonight, Canadian link tax backfires, and more...
Donald Trump Has a Wild New Immigration Plan
A report reveals new draconian restrictions the 2024 frontrunner wants to implement, such as sea blockades in Latin America and "ideological screening" for migrants.
Should the Philadelphia D.A.'s Office Have Been Sanctioned for Failing to Protect Crime Victims' Rights?
My amicus brief to the Third Circuit argues that the district court appropriately sanctioned the Philadelphia D.A.'s Office for making misleading representations about whether they had conferred with a crime victims' family.
Can Traditional Legal Customs Coexist With Western-Style State Law?
Geoffrey Swenson’s book Contending Orders tackles Afghanistan and Timor-Leste.
Court Rules in Favor of Pro-Life Protesters Arrested for Chalk Messages
While chalking on D.C. sidewalks and streets is illegal, the protesters say they were targeted for their beliefs.
My UnPopulist Article on Supreme Court Politicization and Dangers of Schemes to Undermine Judicial Review
While there is some genuine politicization, it is not as great as often claimed. Proposals to undermine judicial review could easily end up empowering the very sort of authoritarian president progressives fear.
Public Employee Unions Rule California
Expect more strikes, fewer government services, and more tax increases to pay for pension obligations.
The Biden Administration's Antitrust Changes Would Be Great for Bureaucrats—and Bad for Consumers
The guidelines would ignore decades of academic findings about how firm concentration can have a positive impact on consumers' welfare.
Frederick Douglass as Natural Rights Originalist
A fascinating new exploration of Frederick Douglass' constitutional thought.
A New Bill Would Extend California's YIMBY Revolution to Heavily Regulated Coastal Areas
S.B. 423 would prevent the state's powerful Coastal Commission from shooting down affordable housing projects that comply with local zoning laws.
Appeals Court Rules in Much-Anticipated Abortion Pills Case
Plus: Court urged to stop Arkansas' social media age verification law from taking effect in September, legalizing medical marijuana linked to lower insurance premiums, and more...
Fani Willis Is Abusing Georgia's Terrible RICO Law
Trump and his acolytes' conduct was indefensible, but the state's RICO law is overly broad and makes it too easy for prosecutors to bring charges.
Was Biden's Social Media Meddling Illegal?
Join Reason on YouTube and Facebook on Thursday at 1:30 p.m. Eastern for a live discussion with Jay Bhattacharya and John Vecchione about their legal case against the Biden administration.
The Government Has Made College an Overpriced Scam
Thankfully, you don't need fancy dining halls or a college degree to have a good life or get a good job.
The Georgia Case Against Trump
Trump's Georgia indictment has much in common with the most recent federal case against him. But also breaks some new ground.
'This Is Not an Emergency'
How Florida prison officials let a man's prostate cancer progress until he was paralyzed and terminally ill.
Jack Goldsmith Responds to Critics on the Dangers of Prosecuting (or not Prosecuting) Trump for Trying to Overturn the 2020 Election
I was one of the critics he responded to, and in this post I offer a rejoinder.
Why Stripping Fox's Broadcast License Is a Terrible Idea
Plus: A listener inquires about the potential positive effects of ranked-choice voting reforms.
Cops Invented a Reason To Cite Man Who Flipped Them Off
Body camera footage shows that Delaware police cited Jonathan Guessford for flipping them off, even though they later agreed it was his right to do so
Fourth Circuit Concedes to Congress on Mountain Valley Pipeline
The judges recognize that Congress ended their ability to review the Mountain Valley Pipeline, but they seem none too happy about it.
Baltimore Orioles Owners Demand Even More Unnecessary Taxpayer Money
Apparently $600 million to improve a very nice stadium isn’t enough.
Hunter Biden and Donald Trump Should Both Have Jury Trials
End the government’s plea-bargaining racket with open and adversarial jury trials.
Idaho Keeps Scheduling This Inmate's Execution Even Though It Lacks the Means To Kill Him
A federal judge ruled in favor of an Idaho death-row inmate who says that the state is "psychologically torturing" him.
A Louisiana Man Was Jailed for Criticizing Police. A Federal Court Wasn't Having It.
The decision supports the notion that victims are entitled to recourse when the state retaliates against people for their words. But that recourse is still not guaranteed.
Federal Court Blocks $20 Billion in Student Loan Forgiveness
The injunction is the latest in a series of setbacks for the Biden administration's loan forgiveness agenda.
The U.S. Credit Rating Just Dropped. It's Time for Radical Budget Reform.
The lack of oversight and the general absence of a long-term vision is creating inefficiency, waste, and red ink as far as the eye can see.
The Dangers of Giving Trump Impunity are Far Worse than those of Prosecuting Him
Giving presidents impunity for using force and fraud to try to nullify election results is far worse than any potential risk of prosecuting Trump.
